Oregon Bulletin
July 1, 2011
Rule
Caption: Amends Transitional School Social Worker rule, amends LCA
fee and implements social worker license fee, cites statute for Division 20
rule.
Adm. Order No.: TSPC 5-2011
Filed with Sec. of
State: 6-15-2011
Certified to be
Effective: 6-15-11
Notice Publication
Date: 4-1-2011
Rules Amended: 584-020-0040, 584-036-0055, 584-070-0431
Subject: 584-020-0040 – Grounds for Disciplinary
Action – Adds citation for the statue referring to an educator’s
privilege relating to confidentiality of student information.
584-036-0055
– Fees – Reduces proposed fee for prospective License of
Conditional Assignment (LCA) to $25. Adds Initial Social Worker License Fee
[$100].
584-070-0431
– Transitional School Social Worker License for First Time
Out-of-State Applicants – Clarifies that applicant must not have
previously held an Oregon social worker or school social worker license.
Clarifies eligibility requirements and sanctions for misrepresentation of
license.
Rules Coordinator: Lynn Beaton—(503) 373-0981
584-020-0040
Grounds for Disciplinary Action
(1) The Commission will deny, revoke or deny the right
to apply for a license or charter school registration to any applicant or
educator who, has been convicted of any of the crimes listed in ORS 342.143, or
the substantial equivalent of any of those crimes if convicted in another
jurisdiction or convicted of attempt to commit such crimes as defined in
161.405. Evaluation of substantially equivalent crimes or attempts to commit
crimes will be based on Oregon laws in effect at the time of the conviction,
regardless of the jurisdiction in which the conviction occurred. The crimes
listed in 342.143 are:
(a) ORS 163.095 – Aggravated Murder;
(b) ORS 163.115 – Murder;
(c) ORS 163.185 – Assault in the First Degree;
(d) ORS 163.235 – Kidnapping in the First Degree;
(e) ORS 163.355 – Rape in the Third Degree;
(f) ORS 163.365 – Rape in the Second Degree;
(g) ORS 163.375 – Rape in the First Degree;
(h) ORS 163.385 – Sodomy in the Third Degree;
(i) ORS 163.395 – Sodomy in the Second Degree;
(j) ORS 163.405 – Sodomy in the First Degree;
(k) ORS 163.408 – Unlawful Sexual Penetration in
the Second Degree;
(l) ORS 163.411 – Unlawful Sexual Penetration in
the First Degree;
(m) ORS 163.415 – Sexual Abuse in the Third
Degree;
(n) ORS 163.425 – Sexual Abuse in the Second
Degree;
(o) ORS 163.427 – Sexual Abuse in the First
Degree;
(p) ORS 163.432 – Online Sexual Corruption of a
Child in the Second Degree;
(q) ORS 163.433 – Online Sexual Corruption of a
Child in the First Degree;
(r) ORS 163.435 – Contributing to the Sexual
Delinquency of a Minor;
(s) ORS 163.445 – Sexual Misconduct;
(t) ORS 163.465 – Public Indecency;
(u) ORS 163.515 – Bigamy;
(v) ORS 163.525 – Incest;
(w) ORS 163.547 – Child Neglect in the First
Degree;
(x) ORS 163.575 – Endangering the Welfare of a
Minor;
(y) ORS 163.670 – Using Child in Display of
Sexually Explicit Conduct;
(z) ORS 163.675 – Sale or Exhibition of Visual
Reproduction of Sexual Conduct by a Child;
(aa) ORS 163.680 – Paying for Viewing Sexual
Conduct Involving a Child;
(bb) ORS 163.684 – Encouraging Child Sexual Abuse
in the First Degree;
(cc) ORS 163.686 – Encouraging Child Sexual Abuse
in the Second Degree;
(dd) ORS 163.687 – Encouraging Child Sexual Abuse
in the Third Degree;
(ee) ORS 163.688 – Possession of Materials
Depicting Sexually Explicit Conduct of a Child in the First Degree;
(ff) ORS 163.689 – Possession of Materials
Depicting Sexually Explicit Conduct of a Child in the Second Degree;
(gg) ORS 164.325 – Arson in the First Degree;
(hh) ORS 164.415 – Robbery in the First Degree;
(ii) ORS 166.005 – Treason;
(jj) ORS 166.087 – Abuse of a Corpse in the First
Degree;
(kk) ORS 167.007 – Prostitution;
(ll) ORS 167.012 – Promoting Prostitution;
(mm) ORS 167.017 – Compelling Prostitution;
(nn) ORS 167.054 – Furnishing Sexually Explicit
Material to a Child
(oo) ORS 167.057 – Luring a Minor
(pp) ORS 167.062 – Sadomasochistic Abuse for
Sexual Conduct in a Live Show;
(qq) ORS 167.075 – Exhibiting an Obscene
Performance to a Minor;
(rr) ORS 167.080 – Displaying Obscene Materials
to Minors;
(ss) ORS 167.090 – Publicly Displaying Nudity or
Sex for Advertising Purposes;
(tt)ORS 475.848 – Unlawful manufacture of heroin
within 1,000 feet of school;
(uu) ORS 475.852 – Unlawful delivery of heroin
within 1,000 feet of school;
(vv) ORS 475.858 – Unlawful manufacture of
marijuana within 1,000 feet of school;
(ww) ORS 475.860 – Unlawful delivery of
marijuana;
(xx) ORS 475.862 – Unlawful delivery of marijuana
within 1,000 feet of school;
(yy) ORS 475.864(4) – Possession of less than 1
ounce of marijuana within 1,000 feet of school;
(zz) ORS 475.868 – Unlawful manufacture of
3,4-methylenedioxymethamphetamine within 1,000 feet of school;
(aaa) ORS 475.872 – Unlawful delivery of
3,4-methylenedioxymethamphetamine within 1,000 feet of school;
(bbb) ORS 475.878 – Unlawful manufacture of
cocaine within 1,000 feet of school;
(ccc) ORS 475.880 – Unlawful delivery of cocaine;
(ddd) ORS 475.882 – Unlawful delivery of cocaine
within 1,000 feet of school;
(eee) ORS 475.888 – Unlawful manufacture of
methamphetamine within 1,000 feet of school;
(fff) ORS 475.890 – Unlawful delivery of
methamphetamine;
(ggg) ORS 475.892 – Unlawful delivery of
methamphetamine within 1,000 feet of school;
(hhh) ORS 475.904 – Unlawful manufacture or
delivery of controlled substance within 1,000 feet of school; or
(iii) ORS 475.906 – Penalties for distribution to
minors.
(2) An applicant fails to meet the requirement of ORS
342.143 “good moral character” if the applicant engages in gross neglect of
duty, gross unfitness, in violation of section (4) of this rule or other acts
which are in violation of sections (1) or (3) of this rule.
(3) The Commission may initiate proceedings to suspend
or revoke the license or registration of an educator under ORS 342.175 or deny
a license or registration to an applicant under 342.143 who:
(a) Has been convicted of a crime not listed in section
(1) of this rule, if the Commission finds that the nature of the act or acts
constituting the crime for which the educator was convicted render the educator
unfit to hold a license;
(b) Is charged with knowingly making any false
statement in the application for a license or registration;
(c) Is charged with gross neglect of duty;
(d) Is charged with gross unfitness; or
(e) Is convicted of a crime involving the illegal use,
sale or possession of controlled substances.
(4) Gross neglect of duty is any serious and material
inattention to or breach of professional responsibilities. The following may be
admissible as evidence of gross neglect of duty. Consideration may include but
is not limited to:
(a) Knowing and substantial unauthorized use of: school
name or financial credit; school materials or equipment for personal purposes;
or school personnel to provide personal services unrelated to school business;
(b) Knowing and substantial unauthorized use of
employment time or school resources for private purposes;
(c) Knowing falsification of any document or knowing
misrepresentation directly related to licensure, employment, or professional
duties;
(d) Unreasonable physical force against students,
fellow employees, or visitors to the school, except as permitted under ORS
339.250;
(e) Violent or destructive behavior on school premises
or at a school-sponsored activity;
(f) Any sexual conduct with a student;
(g) Appearing on duty or at any district-sponsored
activity while under the influence of alcohol or any controlled substance;
(h) Unauthorized disclosure of student records
information received in confidence by the educator under ORS 40.245, (See,
subsection (6), below);
(i) Knowingly assigning an educator in violation of
licensure requirements;
(j) Resignation from a contract in violation of ORS
342.553,
(k) Knowing violation of any order or rule of the
Commission;
(l) Sexual harassment;
(m) Knowing and willful failure of a chief
administrator to report a violation of Commission standards as required by OAR
584-020-0041;
(n) Substantial deviation from professional standards
of competency set forth in OAR 584-020-0010 through 584-020-0030;
(o) Substantial deviation from professional standards
of ethics set forth in OAR 584-020-0035;
(p) Subject to the exercise of any legal right or
privilege, failure or refusal by an educator under investigation to respond to
requests for information, to furnish documents or to participate in interviews
with a Commission representative relating to a Commission investigation;
(q) Knowing and unauthorized use of school computer
equipment to receive, store, produce or send sexually explicit materials;
(r) Knowingly working without a license; or
(s) Failing to report child abuse pursuant to ORS
419B.010.
(5) Gross unfitness is any conduct which renders an
educator unqualified to perform his or her professional responsibilities.
Conduct constituting gross unfitness may include conduct occurring outside of
school hours or off school premises when such conduct bears a demonstrable
relationship to the educator’s ability to fulfill professional responsibilities
effectively. The following may be admissible as evidence of gross unfitness.
Consideration may include but is not limited to:
(a) Revocation, suspension or denial of a license by
another state for reasons and through procedures that are the same as, or
substantially equivalent to, those permitting similar action in Oregon;
(b) Fraud or misrepresentation;
(c) Conviction of violating any federal, state, or local
law. A conviction includes any final judgment of conviction by a court whether
as the result of guilty plea, no contest plea or any other means.
(d) Commission of an act listed in OAR 584-020-0040(1);
(e) Admission of or engaging in acts constituting criminal
conduct, even in the absence of a conviction; or
(f) Violation of a term of probation imposed by a
court.
(6) In any proceeding brought under subsection (4)(h)
of this rule, the Commission may not impose a sanction more severe than a
suspension of the educator’s license.
Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.143
& 342.175 - 342.190
Hist.: TS 5-1983, f. & ef.
7-21-83; TS 7-1986, f. 10-15-86, ef. 1-15-87; TS 2-1988, f. & cert. ef.
4-7-88; TS 7-1989, f. & cert. ef. 12-13-89; TS 1-1992, f. & cert. ef.
1-15-92; TS 4-1993, f. & cert. ef. 9-29-93; TS 5-1996, f. & cert. ef.
9-24-96; TS 4-1997, f. 9-25-97, cert. ef. 10-4-97; TSPC 8-1998 f. & cert.
ef. 12-9-98; TSPC 5-1999(Temp), f. & cert. ef. 8-24-99 thru 2-19-00; TSPC
6-1999(Temp), f. & cert. ef. 9-20-99 thru 3-17-00; TSPC 7-1999, f. &
cert. ef. 10-8-99; TSPC 9-1999, f. & cert. ef. 11-22-99; TSPC 4-2000, f.
& cert. ef. 7-17-00; TSPC 9-2005, f. & cert. ef. 11-15-05; TSPC 7-2007,
f. & cert. ef. 12-14-07; TSPC 8-2008, f. & cert. ef. 11-13-08; TSPC
4-2010, f. & cert. ef. 7-15-10; TSPC 5-2011, f. & cert. ef. 6-15-11
584-036-0055
Fees
(1) All fees are assessed for evaluation of the
application and are not refundable.
(2) If the applicant is eligible for the license,
registration, or certificate for which application is made and the license,
registration or certificate is issued within 90 days of original application,
the commission shall issue the license, without additional charge with the
following exceptions:
(a) If the commission determines the application is
incomplete and fails to notify the applicant in less than one calendar week,
the commission will extend the 90 days by an amount equal to the number of days
the commission delayed notifying the applicant of incomplete items.
(b) For renewable licenses with a 120 day grace period,
the original application fee remains good throughout the 120 days.
(c) If the commission fails to issue the license within
90 days due to commission backlog, the fee shall remain good until the license
is issued or 120 days, whichever is less.
(3) The fee for evaluating an initial application:
(a) Initial I License (3 years): $100;
(b) Initial I Teaching License (18 months): $50;
(c) Initial II Teaching License (3 years): $100;
(d) Basic License (3 years): $100;
(e) Continuing License (5 years): $100;
(f) Standard License (5 years): $100;
(g) Restricted Transitional License (1 year or 3
years): $100;
(h) Limited License (3 years): $100;
(i) American Indian Language License (3 years): $100;
(j) Substitute License (3 years): $100;
(k) Restricted Substitute License (3 years, 60 days per
year): $100;
(l) Exceptional Administrator License (3 years): $100;
(m) Career and Technical Education I Teaching License
(1 year): $100;
(n) Career and Technical Education II Teaching License
(3 years): $100;
(o) Five-Year Career and Technical Education License (5
years): $100;
(p) Emergency License (term at discretion of Executive
Director): $100;
(q) School Nurse Certification (3 years): $100;
(r) International Visiting Teaching License (1 year):
$100;
(s) License for Conditional Assignment (1 to 3 years)
$25;
(t) Initial Administrator License (3 years): $100;
(u) Initial School Psychologist License (3 years):
$100; and
(v) Initial School Social Worker License (3 years):
$100.
(4) The fee for evaluating all applications for a first
Oregon license based on completion of an out-of-state educator preparation
program or an out of state license is $120 regardless of the license issued.
(5) The fee for registration of a charter school
teacher or administrator is $75 which includes the fee for required criminal
records and fingerprinting costs.
(6) The fee for evaluating an application for renewal
of any license or certification is $100 except as follows:
(a) Renewal of a one-year Restricted Transitional
Teaching License is $25;
(b) Renewal of a charter school registration is $25;
(c) Renewal of an International Visiting Teacher
License is $25;
(d) Renewal of Career and Technical Education I
Teaching License is $25; and
(e) Renewal of License for Conditional Assignment is
$25.
(7) The fee for each of the following circumstances is
$20:
(a) A duplicate license, registration, or certificate
for any reason;
(b) An approved extension to a provisional license; and
(c) Adding a district to an existing restricted license
requiring a co-applicant school district.
(8) The fee for evaluating an application to add one or
more endorsements or authorization levels to a currently valid license is $100.
No additional fee is required to add an endorsement or authorization in
conjunction with an application for renewal or reinstatement of a license.
(9) The fee to evaluate an application for
reinstatement of an expired license or certificate is $100 plus a late
application fee of $25 for each month or portion of a month that the license or
certificate has been expired to a maximum of $200 total.
(a) The reinstatement fee does not include any separate
fingerprint fee that may be required if more than three years has elapsed from
the date of the expired license, registration or school nurse certification.
(b) Late fees may only be imposed one time following
the expiration of a license or school nurse certificate. If the applicant does
not initially qualify for the license or certificate the applicant is seeking
to reinstate, no additional late fees will be imposed upon application for
subsequent licenses so long as the applicant has a current active license, registration
or certification in effect at the time of application.
(10) The fee for evaluating an application for
reinstatement of a suspended license or certificate is $100 in addition to the
$100 application fee for a total of $200. The fee does not include any separate
fingerprint fee that may be required if more than three years has elapsed from
the date of the expired license or certificate.
(11) The fee for evaluating an application for
reinstatement of a suspended charter school registration is $50 and does not
include any separate fingerprint fee that may be required if more than three
years has elapsed from the date of the expired registration.
(12) In addition to the application fees required by
this rule, the Commission shall collect a late application fee not to exceed
$25 per month up to a maximum of $125 from an applicant who fails to make
timely application for renewal of the license, certificate or registration.
(13) The fee for evaluating an application for
reinstatement of a revoked license or certificate is $150 in addition to the
$100 application fee for a total of $250. The reinstatement fee does not
include any separate fingerprint fee that may be required if more than three
years has elapsed from the date of the expired license, or school nurse
certificate.
(14) The fee for evaluating an application for
reinstatement of a revoked charter school registration is $150 in addition to
the $25 application fee for a total of $175. The reinstatement fee does not
include any separate fingerprint fee that may be required if more than three
years has elapsed from the date of the expired charter school registration.
(15) Forfeiture for a check which the applicant’s bank
will not honor is $25, unrelated to any evaluation fees. The total amount due shall
be paid in cash, credit, or Money Order at the Commission’s office.
(16) The fee for evaluating licensure applications
submitted on behalf of teachers participating in exchange programs or on
Congressional appointment from foreign countries is $100.
(17) The fee for alternative assessment in lieu of the
test for licensure endorsement is $100.
(18) The fee for expedited service for an emergency or
other license, registration or certificate is $99 plus the fee for the license
registration or certificate application as defined in this administrative rule.
(19) The fee to evaluate an application for
reinstatement of an expired charter school registration is $25 plus a late
application fee of $25 for each month or portion of a month that the
registration has been expired to a maximum of $125 total. The reinstatement fee
does not include any separate fingerprint fee that may be required if more than
three years has elapsed from the date of the expired charter school
registration.
(20) The fee for a criminal records check including
fingerprinting is $62.
(21) The fee for a “highly qualified teacher”
evaluation is $50.
Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.120
– 342.430; 342.430 – 342.455; 342.533
Hist.: TS 15, f. 12-20-76, ef.
1-1-77; TS 17, f. 12-19-77, ef. 1-1-78; TS 2-1979, f. 8-21-79, ef. 1-1-80; TS
1-1982, f. & ef. 1-5-82; TS 3-1983, f. & ef. 5-16-83; TS 4-1983, f.
5-17-83, ef. 7-1-83; TS 6-1984, f. 12-27-84, ef. 1-15-85; TS 4-1985, f.
10-4-85, ef. 1-1-86; TS 7-1986, f. 10-15-86, ef. 1-15-87; TS 5-1988, f.
10-6-88, cert. ef. 1-15-89; TS 7-1989, f. & cert. ef. 12-13-89; TS 1-1992,
f. & cert. ef. 1-15-92; TS 4-1994, f. 7-19-94, cert. ef. 10-15-94; TS
5-1994, f. 9-29-95, cert. ef. 10-15-94; TS 4-1997, f. 9-25-97, cert. ef.
10-4-97; TSPC 4-1999, f. & cert. ef. 8-2-99; TSPC 2-2000, f. & cert.
ef. 5-15-00; TSPC 1-2003, f. & cert. ef. 1-13-03; TSPC 6-2004, f. &
cert. ef. 8-25-04; TSPC 6-2005(Temp), f. & cert. ef. 8-16-05 thru 1-30-06;
TSPC 9-2005, f. & cert. ef. 11-15-05; TSPC 11-2005(Temp), f. 11-18-05,
cert. ef. 1-1-06 thru 6-29-06; TSPC 5-2006, f. & cert. ef. 2-10-06; TSPC
5-2007, f. & cert. ef. 8-15-07; TSPC 5-2008, f. & cert. ef. 6-13-08;
TSPC 7-2008, f. & cert. ef. 8-20-08; TSPC 1-2009(Temp), f. & cert. ef.
2-27-09 thru 8-25-09; Administrative correction 9-29-09; TSPC 4-2009, f. &
cert. ef. 9-22-09; TSPC 8-2009, f. & cert. ef. 12-15-09; TSPC 4-2010, f.
& cert. ef. 7-15-10; TSPC 5-2010(Temp), f. & cert. ef. 8-13-10 thru
12-31-10; TSPC 9-2010, f. 12-15-10, cert. ef. 1-1-11; TSPC 5-2011, f. &
cert. ef. 6-15-11
584-070-0431
Transitional School Social Worker
License for First Time Out-of-State Applicants
(1) Upon filing a correct and complete application in
form and manner prescribed by the commission, a qualified applicant who has
never been licensed in Oregon as a social worker or school social worker may be
granted a Transitional School Social Worker License.
(2) The Transitional School Social Worker License is
issued for eighteen months and is not renewable.
(3) The Transitional School Social Worker License is
valid for:
(a) School social work at all age or grade levels; and
(b) Substitute counseling at any level.
(4) Transitional School Social Workers must qualify for
either an Initial School Social Worker or Continuing School Social Worker at
the expiration of license in eighteen months.
(5) To be eligible for a Transitional School Social
Worker License, the applicant must:
(a) Have a master’s or higher degree in social work
from a regionally accredited institution or approved foreign equivalent;
(b) Hold an unrestricted school social worker license
or certificate in any state or comparable jurisdiction; and
(c)
Furnish fingerprints in the manner prescribed by the commission and provide
satisfactory responses to the character questions contained in the commission’s
licensure application. (See also, OAR 584-036-0062 for Criminal Records Check
Requirement.)
(6) Persons holding a Transitional School Social Worker
License may:
(a) Substitute as a School Counselor for a period not
to exceed three consecutive months without obtaining the School Counselor
License;
(b) Not substitute as a School Psychologist; and
(c) Not accept any full or part-time position as a
School Counselor or as a School Psychologist and may not go by the title of
School Counselor or School Psychologist.
(7) Violations of the provisions in subsection (6) of
this section may result in referral to the Commission for violation of
professional practices.
Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.120
-342.430
Hist.: TSPC 10-2010, f. 12-30-10,
cert. ef. 1-1-11; TSPC 4-2011, f. & cert. ef. 4-14-11; TSPC 5-2011, f.
& cert. ef. 6-15-11
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.
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